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The Independent UK
The Independent UK
National
Nicholas Riccardi

Appeals court rules Trump cannot use Alien Enemies Act to deport members of Venezuelan gang

Trump Space Command - (Copyright 2025 The Associated Press. All rights reserved.)

A federal appeals court panel ruled Tuesday that President Donald Trump cannot use an 18th century wartime law to speed the deportations of people his administration accuses of membership in a Venezuelan gang, blocking a signature administration push that is destined for a final showdown at the U.S. Supreme Court.

A three-judge panel of the 5th U.S. Circuit Court of Appeals, one of the most conservative federal appeals courts in the country, in a 2-1 decision agreed with immigrant rights lawyers and lower court judges who argued the Alien Enemies Act of 1798 was not intended to be used against gangs like Tren de Aragua, the Venezuelan group Trump targeted in his March invocation. The administration deported people designated as Tren de Aragua members to a notorious prison in El Salvador where, it argued, U.S. courts could not order them freed.

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